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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff supplied electronic parts to B, and settled the amount of the unpaid goods with the above company as KRW 58,581,582 around March 2014.
B. On August 25, 2014, the Defendant and C prepared and sent the Plaintiff the evidence No. 3 (written rejection of payment; hereinafter “instant letter of payment”). The content is that “(State) shall pay to the Plaintiff the full amount of KRW 58,581,582 in the unpaid amount of goods by September 15, 2014, and September 30, 2015,” and that the preparing person written “(State)B Representative Director A” and “General Managing Director C of the Non-U.D.” respectively, and written the Defendant’s signature “A” and written signature by C next to the name of A, and written signature by C.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Defendant alleged that he/she was the representative director of the foregoing company as of August 25, 2014, together with C, and the actual controller of the above company as of August 25, 2014, prepared a letter of payment in this case stating that he/she would pay all the goods by September 30, 2014, and signed the Defendant’s personal signature with the above company jointly and severally with the foregoing company as the principal obligor, and thus, the Defendant is jointly and severally liable
B. On the other hand, this case's letter of payment states "(StateB)B" and states "B representative director A" as stated above. If the defendant prepared the letter of payment in this case with C as jointly and severally with the above company, it would be reasonable to indicate the guarantor as in C, and ② the signature and seal of B, which is the principal debtor, is omitted, and it is difficult to accept that the defendant is written with such intention. In light of the fact that it is an exceptional and it is difficult to accept that the defendant is written with such intention, the circumstances and evidence presented by the plaintiff are alone.